National Offshore Aquaculture Acts
Offshore Aquaculture
Over the last decade, there has been significant innovation in aquaculture technology and equipment, notably the development of submersible cages for finfish farming in open ocean conditions. Pictured above, an OceanSpar cage sits on the surface for cleaning and inspection at Kona Blue Water Farms, a commercial operation in Kona, Hawaii. [NOAA Aquaculture Program photo]
The introduction of the National Offshore Aquaculture Act of 2007 in Congress has opened a national dialog on the growing importance of aquaculture to seafood production in the United States. In light of this dialog, it is important for the public to have accurate information to understand marine aquaculture and its impacts on aquatic ecosystems. This page provides background and context for offshore aquaculture, proposed offshore legislation, and links to more detailed information.
Background
“Offshore aquaculture” is aquaculture that takes place in federal waters off the coasts of the United States and its territories. U.S. federal waters begin where state jurisdiction ends (for most states, that’s three nautical miles) and extend all the way out to the limit of the U.S. Exclusive Economic Zone (200 nautical miles in most places). The U.S. Exclusive Economic Zone covers an area equal to about 3.4 million square miles.
Because of the distance from shore, offshore aquaculture operations require technologies that can withstand open ocean conditions, exposed to wind and waves. Experts believe that the offshore has great potential for all kinds sustainable aquaculture for many reasons, including the fact that there are fewer competing uses further from shore and that the deep water and strong flow make the offshore a desirable location from an environmental standpoint.
Over the last decade, there has been significant innovation in aquaculture technology, which has led to improvements in equipment and environmental safeguards. Research funded by NOAA shows that aquaculture in open ocean environments can work well with proper siting and the use of current best management practices. For example, the open ocean aquaculture operations established in the Unites States in the last 10 years are showing good production and environmental results. These operations, which use submerged cage systems for finfish and submerged rope culture for shellfish, are sited in state waters in New Hampshire, Puerto Rico, and Hawaii.
There are no similar open ocean aquaculture operations in U.S. federal waters. A major barrier to the development of offshore aquaculture in the United States is regulatory uncertainty. Under current law, there is no clear mechanism for the permitting of marine aquaculture in federal waters. To resolve that uncertainty, the Administration requested that the National Oceanic and Atmospheric Administration (NOAA) develop legislation that would authorize the Department of Commerce to establish a regulatory structure for offshore aquaculture in the United States. That legislation is the National Offshore Aquaculture Act of 2007.
The National Offshore Aquaculture Act
As the lead federal agency for marine aquaculture policy, the National Oceanic and Atmospheric Administration (NOAA) is seeking authority under the National Offshore Aquaculture Act of 2007 to create a regulatory framework for safe and sustainable aquaculture operations in U.S. federal waters, three to 200 miles off the coast. While existing aquaculture operations in U.S. coastal waters are subject to environmental regulations under state and federal laws, there is no clear federal authority for the permitting of aquaculture in federal waters.
The 2007 act would establish requirements to ensure offshore aquaculture development proceeds in an environmentally responsible manner that protects wild stocks and marine ecosystems; establish a coordinated permitting process for offshore aquaculture that integrates requirements under existing state and federal environmental laws and fills in regulatory gaps; and authorize a research and development program for all types of marine aquaculture.
The act would also require adoption of rigorous environmental standards for offshore aquaculture in the United States, allowing companies to take advantage of technological innovations and providing leadership by setting good examples of properly sited and sustainably managed aquaculture facilities.